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The crime of theft as defined by Florida Statutes is the taking or attempting to take the property of another with the intent to deprive the owner of the value of the property. Since the definition of theft also includes the attempt to commit the theft, you may be charged with theft even though you were interrupted prior to the completion of the theft or you changed your mind before completing the theft. Criminal Penalties If the value of the item(s) taken is less than $150.00, the theft is a second degree misdemeanor punishable by up to six months probation, sixty days in jail, or a $500.00 fine. If the value of the property taken or attempted to be taken is between $150.00 and $300.00, the offense is a misdemeanor of the first degree punishable by up to one year in jail, one year probation, or a $1,000.00 fine. Theft of items valued at less than $300.00 is considered Petit Theft. Petit Theft is one of the several enumerated crimes under Florida Law which is enhancable. That is, upon successive convictions for petit theft, one can be charged with a third degree felony based upon the prior convictions. A third degree felony is punishable by up to five years in prison, five years of probation, or a $5,000.00 fine. If the value of the property taken or attempted to be taken is greater than $300.00, but less than $20,000.00, the charge would also be a third degree felony punishable as outlined above. Should the value of the items taken exceed $20,000.00, the charge would be a second degree felony punishable by up to fifteen years in prison, fifteen years probation, or a $15,000.00 fine. Civil Penalties In addition to the criminal charge, retailers and merchants will generally make a demand for civil restitution in a letter shortly after the arrest. This letter is generally a form which indicates that the recipient has been charged with the offense of retail theft and that pursuant to Florida Statute, he/she is obligated to pay $200.00 or three times the value of the property taken whichever is greater. In most cases upon being arrested for retail theft, the items attempted to be taken are recovered and the store is not damaged in any way. Nevertheless, many stores have learned that they may make additional money from people charged with theft by making this demand for payment. Even though the statute does permit the store the sue you for committing a civil theft, it is more likely than not that this letter constitutes nothing more than an idle threat and will not be followed by a civil suit.
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